Posted by Jennifer Hendrickson on 4/8/09 4:39pm
Msg #284128

POA USED FOR REFINANCE

I got a call today from a borrower in CA refinancing a property in VA on friday, she has a POA for her husband, but the Escrow company is working with her and not me, the borrower hired me to notarize her refinance. It has been a while for me notarizing loan packages and I just wanted to get some advice on how to notarize a VA property in CA with only the wife being present with the husbands POA??? Thanks for any help

Reply by MW/VA on 4/8/09 4:51pm
Msg #284129

I'm in a military area, so POA's aren't uncommon. The tc usually requires the original POA to be returned with the package, but they will let you know their requirements. Signing is usually John Doe by Jane Doe, his attorney in fact. Initials are usually JD by JD, aif.
This is just an opinion. The tc (escrow co. in CA) will usually give you exact instructions on how THEY want it done. Regardless of where the property is, you will follow the notary laws in the state in which it is being signed.

Reply by MistarellaFL on 4/8/09 4:53pm
Msg #284130

Keep in mind you are not notarizing a document, you are notarizing a signature.
I am sure Californians will give you good advice on what is required in your state for
witnessing the signature of a POA, but I wonder if the lender/TC is aware that this is a POA
loan signing...most lenders will not accept a POA unless it was approved beforehand.

Reply by Pamela Hoyle on 4/8/09 4:55pm
Msg #284132

You will need to forward to original POA along with the docs and have her sign as attorney-in-fact. The standard wording and process for a power of attorney signing is to have the signer handwrite the signature of the person name (who they have POA for) and then write "by" followed by the signature of the person who has POA and the wording of "as his/her attorney in fact".
Hope this helps....

Reply by sue_pa on 4/8/09 6:23pm
Msg #284142

WRONG

perhaps correct for MN but not correct for everywhere.

What if the POA has already been recorded? Would you insist they still give you another original? Answer: NOT your business - your client will tell you if you need to send an original back - blanket statements like this are just wrong.

Standard wording for where? Again, perhaps MN but not what is suggested in PA. Again, depending on state laws, each underwriter/lender/settlement agent has their own way and you always ask.

Reply by Therese on 4/8/09 5:01pm
Msg #284133

Jennifer it would be my advice to have you contact the Escrow Company that is handling this transaction for the borrower. That way no stone is left unturned.

Reply by Linda_H/FL on 4/8/09 5:46pm
Msg #284138

My .02 FWIW

You're being hired by the signer to notarize her signature...follow your notary laws as they pertain to CA and you'll be fine. You're not being hired to conduct the loan signing so any additional requirements should be tended to by the signer - it's up to her to make sure the company knows there's a POA involved and have it approved; it's up to her to know if she needs to return the original POA to the title company; it's up to her to know if you need witnesses on the mortgage/DOT; it's up to her to know if you need a jurat or ack; etc., etc..you're being a notary, that's it...

Good Luck.

Reply by Kathy Fletcher on 4/8/09 6:37pm
Msg #284151

Everytime I am asked to use a POA, I always contact the receiving agency for authorization to use. Sometimes I have been given instructions that the closing could not take place until the POA is authorized prior to the closing. I have also found different receiving agencies request the POA signing different ways.

JMHO

Reply by VioCa on 4/8/09 7:10pm
Msg #284155

I have a question regarding the POA signing
Would you proceed with the POA signing without seeing at least a copy of it to make sure it exists? Is it safe to do it without seeing one or it does not matter because we notarize the signature of the person that apears in front of us. But, that person does not sign only his/her name and signs the entire POA wording.
I always consided it is not my job to see it but sometimes I am wondering if later on it turns out to be a fraudulent transaction I can be hold liable.

Reply by Sylvia_FL on 4/8/09 10:20pm
Msg #284186

Check your California notary Laws.
Here in Florida we are not required to see the POA. On any notarization if the signer says they have a POA we have to take their word for it.

On a loan signing though, the lender should already know prior to the closing, and have approved it and received a copy. All the POA loan signings I have done I have never been requested to get a copy of the POA.

Reply by Lee/AR on 4/8/09 8:51pm
Msg #284174

Agree with Linda in this situation. Totally.

Everything else in this particular situation is not your job. Notarize--don't analyze.

Reply by GWest on 4/9/09 10:06am
Msg #284213

Your question was asking for advise on how to notarize the wife's signature with a POA. As you should know, as a California Notary, you can not notarize a person's capacity, so the only name you can put in your acknowledgement is the wife's name, no matter where the property is. No reference can be made to her signing as the husbands attorney in fact in the body of the acknowledgement.